COOPERATIVE AGREEMENT
Florida Department of Health
Children’s Medical Services, Early Steps
AND
Florida Department of Education
Bureau of Exceptional Education and Student Services
I. PURPOSE
The purpose of this agreement between the Florida Department of Health, Children’s Medical Services, Early Steps (herein referred to as DOH) and the Florida Department of Education, Bureau of Exceptional Education and Student Services (herein referred to as DOE) is to define and clarify the responsibilities of each agency to ensure the statewide provision of coordinated, quality early intervention services, including transition and family-centered services in natural environments for children with disabilities from birth to three years of age and their families. DOH and DOE are committed to cooperate in the development of programs designed to provide a comprehensive system of early intervention services to
Because each agency has specific statutory responsibilities and resources to provide for the needs of
The parties to this agreement, which pertains to
· provide for the development and support of joint initiatives that will facilitate the effective and efficient delivery of services
· assure the non-duplication of early intervention services
· promote awareness of the full range of services available
· provide for sharing of resources such as training, technical assistance, and assistive technology at the state and local levels in order to plan, improve, or extend services
· support the development of interagency agreements among local agencies
· define the responsibility of the IDEA, Part C, lead agency (DOH) for implementing and administering early intervention services through effective cooperation and coordination between DOH and DOE as stated in this agreement
· define the responsibility of the DOE liaison for IDEA, Part C, as stated in this agreement
· support local communities to have the flexibility to determine appropriate strategies for the implementation of services
· encourage and support local councils to coordinate and provide a leadership role in expanding and improving coordinated services
· assure that families with children transitioning from IDEA, Part C services to Part B services receive appropriate planning and coordination of services through a family-centered process that considers all options in the community for the child
· assure that services are provided in natural environments as determined by the IFSP team that takes into account the child and family’s daily routines, priorities, and concerns.
II. PARTICIPATING PROGRAM INFORMATION
Florida Department of Health (DOH) – The mission of the DOH is to promote and protect the health and safety of all Floridians. It is the state’s lead agency for the Individuals with Disabilities Education Act (IDEA), Part C Program and administers the early intervention services associated with P.L. 105-17 and P.L. 108-446. The
· Children’s Medical Services (CMS) – CMS provides services to children with special needs through a family- centered, comprehensive, and coordinated statewide managed system of care that links community-based health care with multidisciplinary, regional, and tertiary pediatric care.
· Early Steps (ES) – ES is a comprehensive, multidisciplinary, community-based, family-focused program that provides a coordinated system of early intervention services for infants and toddlers from birth to age three with developmental delays or established conditions which place them at high risk for developmental disabilities and their families. This umbrella program has three components: the Developmental, Evaluation and Intervention (DEI) Program, which includes the Infant Hearing Impairment Program; IDEA, Part C Program; and services provided under Chapter 393, Florida Statutes, for children birth to age three.
Florida Department of Education (DOE) – DOE provides funding and support to all public school districts in
· Bureau of Exceptional Education and Student Services (BEESS) – BEESS works closely with DOH as the state’s lead agency for IDEA, Part C, in the provision of quality services for infants and toddlers from birth to age three with established conditions or developmental delays. Since some school districts elect to provide direct services to this population, funds are provided by CMS to support a DOE, Part C liaison position to assist in the coordination and implementation of Early Steps, including transition activities, training, and technical assistance to ensure that services are provided to eligible children.
III. REQUIREMENTS IMPACTING AGREEMENT
· Individuals with Disabilities Education Act (IDEA) 1997 and 2004, Public Law 105-17 and Public Law 108-446, as amended, Parts C and B
· Federal Regulations, 34 CFR Parts 300 and 303
· Chapters 391 and 393,
· Section 504 of the Rehabilitation Act of 1973
· Americans with Disabilities Act (
· State Board of Education Rule 6A-6.03026,
Special Programs for Prekindergarten Children with Disabilities
· State Board of Education Rule 6A-6.03029, F.A.C.
Development of Family Support Plans for Children with Disabilities Ages Birth through Five Years
· State Board of Education Rule 6A-6.03030, F.A.C.
Special Programs for Children Birth through Two Years Old who have Established Conditions
· State Board of Education Rule 6A-6.03031, F.A.C.
Special Programs for Children Birth through Two Years Old who are Developmentally Delayed
· State Board of Education Rule 6A-6.03032, F.A.C.
Procedural Safeguards for Children Ages Birth through Two Years with Disabilities
· State Board of Education Rule 6A-6.03311, F.A.C.
Procedural Safeguards for Students with Disabilities
IV. DEFINITION OF TERMS
Assistive Technology – An assistive device is any item, piece of equipment, or product system whether acquired commercially off the shelf, modified or customized, that is used to increase, maintain, or improve the functional capabilities of children with disabilities. Exception – The term does not include a medical device that is surgically implanted, or the replacement of such device.
Assistive Technology Educational Network (ATEN) – A statewide network of centers that provide training and technology support through an assistive technology loan library and a regional training program funded through DOE.
Central Directory – A statewide system for providing resource and referral information to families of infants and toddlers who have disabilities or are at risk of developmental delays, as well as professionals and paraprofessionals serving the population.
Children’s Medical Services Early Steps Policy and Guidance Documents – Policy and operations guidance developed and maintained by the state’s lead agency, DOH, for implementation of early intervention services. They include IDEA, Part C federal requirements and state policies and procedures.
Children’s Registry and Information System (CHRIS) – A data management and service coordination system implemented through the Florida Diagnostic and Learning Resources System (FDLRS) for children from birth through age six to assist school districts in the educational planning of service needs.
Established Condition – A diagnosis, or suspected diagnosis, that has a high probability of resulting in disability or developmental delay, in one of the following areas: (1) genetic and metabolic disorders; (2) neurological abnormalities and insult; (3) severe attachment disorder; (4) significant sensory impairments.
Individualized Family Support Plan (IFSP) Process – A family-centered planning process which involves the family, service providers, evaluators, the service coordinator, and others, which results in a written plan of early intervention program services to meet the identified outcomes for an individual child and family. The IFSP is the authorizing document for services provided through IDEA, Part C, in
Florida Diagnostic and Learning Resources System (FDLRS)/Child Find – A student support system responsible for the location and identification of children who may be eligible for special education services (Child Find). FDLRS also provides public awareness, screening, inservice training, technology, and parent services as a support for school districts, families, and community organizations which serve children with disabilities from birth through 21 years of age.
Florida Interagency Coordinating Council for Infants and Toddlers (FICCIT) – An interagency council that assists DOH in implementing a statewide system of coordinated, comprehensive, multidisciplinary interagency programs providing early intervention services to infants and toddlers with disabilities and their families. FICCIT consists of members who are appointed by the Governor and represent the population of the state.
Individual Educational Plan (IEP) – A written plan that describes the specially designed instruction and related services which will be provided to a student with disabilities. The IEP is the authorizing document for services in accordance with IDEA requirements at 20 U.S.C. Chapter 33 Section 614(d) (1997), and State Board of Education Rule 6A-6.03028, F.A.C.
Local Education Agency (LEA) – The local school district in which the child resides which is responsible for the provision of specially designed instruction and related services for eligible children. The LEA has the option of serving infants and toddlers with established conditions or developmental delays from birth to age three as an IDEA, Part C provider.
Multidisciplinary Evaluation – An evaluation and assessment process involving activities by one or more qualified professionals from two or more disciplines working with the family and primary service coordinator to identify the needs of the child and family.
Natural Environments – The day-to-day routines, activities, and places that promote learning opportunities for an individual child and family, including home and community settings that are natural or normal for the child’s typically developing peers.
Procedural Safeguards – A series of rights outlined in IDEA, Parts B and C, intended to protect the interests of eligible children with disabilities and their families. Procedural safeguards address topics such as confidentiality, parent consent, prior notice, access to records, and dispute resolution.
Quality Assurance Review – A process that includes a desk review of each local Early Steps Program’s Self Assessment information, data, and family survey information that results in a written report, continuous improvement plan, selected onsite verification activities, and follow-up technical assistance activities to meet the requirements, standards, and policies of IDEA, Part C, as appropriate.
Transition – A process supported by collaboration among agencies and families to provide a continuum of services to assure smooth movement for children and families from one program or service to another.
V. ROLES AND RESPONSIBILITIES
DOH agrees to
· serve as the lead agency in
· provide staff to ensure that state collaboration is consistent with IDEA, Part C, for policy and program development and coordination
· transmit funds to DOE for one full-time staff position to support DOE's role in the implementation of IDEA, Part C
· provide state level planning, policy development, and coordination to support local implementation of the following components as required by IDEA, Part C and the CMS Program Office and described in the policy and guidance documents: public awareness/central directory, referral/child find, evaluation and assessment, service delivery, family support plans, service coordination, transition, procedural safeguards, family involvement, local quality assurance, fiscal management, data and record keeping, and personnel development and training
· provide policy and supports that promote delivery of IDEA, Part C services for eligible infants and toddlers in the natural environment
· in partnership with DOE, participate in the continued development/revision of State Board of Education Rules for the coordination and implementation of IDEA, Part C requirements at both state and local levels
· in collaboration and partnership with DOE and local public and private agencies, participate in the continued development of outcome measures for which local Early Steps Programs will be held accountable
· in collaboration and partnership with DOE and local and private service providers, assure the provision of technical assistance, training, and quality assurance reviews to local Early Steps Programs
· support a central directory of information consistent with the requirements of IDEA, Part C
· in collaboration with DOE, participate in the implementation of a comprehensive system of personnel development for professionals and paraprofessionals working with or preparing to work with infants and toddlers from birth to age three with established conditions or developmental delays and their families
· implement policy pertaining to contracting or making other arrangements with public or private service providers to provide Early Steps services which include the requirement that all early intervention services meet State standards and are consistent with the provisions of IDEA, Part C
· participate as a member of DOE’s State Advisory Committee for the Education of Exceptional Students established to improve programs and services to children with disabilities
· participate as a member of DOE’s CHRIS workgroup
· utilize DOE’s designated pool of mediators for resolving local or state level conflicts for participants, such as family members, providers, and Early Steps staff electing to enter the mediation process
· provide support and participation in the activities of the FICCIT and committees to assist in the implementation of Early Steps services
· provide timely, appropriate, and relevant data at both the state and local level to DOE and Early Steps and their councils in order to accomplish short- and long-term planning for eligible children and their families
· participate on the steering committee for the IDEA, Part B, Continuous Improvement Monitoring Process.
DOE agrees to
· assist the lead agency in the administration of IDEA, Part C
· maintain staff to
1. provide state level intra‑ and interagency collaboration that is consistent with IDEA, Part C, for policy and program development and coordination
2. provide and disseminate information regarding the implementation of IDEA, Part C to LEAs
3. participate, as appropriate, in DOH, Early Steps Unit staff meetings, retreats, statewide and regional meetings, and training activities
4. participate as a team member for all desk reviews and onsite visits of local Early Steps quality assurance reviews
5. assist Early Steps state level technical assistance liaisons with quality assurance review follow-up activities, training, and requested technical assistance to local Early Steps service areas
· assist school districts that provide services for infants and toddlers from birth to age three with established conditions or developmental delays and their families and to do so following IDEA, Part C regulations, including implementation of the individualized family support planning process
· participate in state level planning, policy development, and coordination to support local implementation of the following components as required by IDEA, Part C: public awareness/central directory, referral/child find, evaluation and assessment, service delivery, family support plans, service coordination, transition, procedural safeguards, family involvement, local quality assurance, fiscal management, data and record keeping, and personnel development and training
· assist, through the FDLRS Child Find, in the identification, screening, and referral of eligible infants and toddlers
· in partnership with DOH, participate in the continued development of a framework for the coordination and implementation of the new service delivery system which includes natural environment requirements at both state and local levels
· in collaboration and partnership with DOH and local and private service providers, provide technical assistance in the continuing implementation of IDEA, Part C
· in collaboration and partnership with DOH and local public and private service providers, participate in the continued development of outcome measures for which local Early Steps will be held accountable
· provide training for mediators who will serve as impartial decision‑makers in the resolution of conflicts/disputes; provide the lead agency with a list of those trained mediators
· participate as a member of FICCIT to assist in the implementation of Infants and Toddlers Early Steps services
· provide timely, appropriate, and relevant data to DOH, local Early Steps, and local school districts to ensure short- and long-term planning for eligible children and their families
· participate on the steering committee for the IDEA, Part C, Continuous Improvement Monitoring Process.
DOH and DOE jointly agree to
· consult on the development of state plans and budget items related to prevention and early intervention for infants and toddlers from birth to age three with established conditions or developmental delays and their families
· provide cross‑agency training of staff at state, regional, and local levels
· help ensure that personnel serving infants and toddlers from birth to age three with established conditions or developmental delays and their families are appropriately trained and, as applicable, certified by
· consistent with applicable state and federal laws, rules, and regulations dealing with confidentiality of information, share child and family assessment data for infants and toddlers from birth to age three with established conditions or developmental delays and their families and share data on the number of children served under special education programs for the purposes of state and federal planning and reporting
· help ensure the adherence to procedural safeguards in accordance with IDEA, Part C, by each agency in the state that is involved in the provision of Early Steps services to infants and toddlers from birth to age three with established conditions or developmental delays and their families through joint quality assurance activities
· help ensure that each agency's advisory councils, commissions, committees, workgroups, and task forces which address the needs of infants and toddlers from birth to age three with established conditions or developmental delays and their families are coordinated with the roles of those councils clearly defined
· disseminate this agreement to appropriate personnel in each agency, the Governor's Office, and to local agency administrators
· help ensure coordination on matters relating to the transition of toddlers from IDEA, Part C services to IDEA, Part B services or from IDEA, Part C services to other appropriate community services through joint training and quality assurance activities
· collaborate as members of state teams and workgroups to promote best practices, family-centered practices, shared resources, and effective service delivery.
DOE and DOH concur that
IN MATTERS RELATING TO QUALITY ASSURANCE OF IDEA, PART C PROGRAMS, TRANSITION TO PRESCHOOL PROGRAMS AT AGE THREE, ASSISTIVE TECHNOLOLGY, CHILD FIND, AND SHARING OF DATA.
DOH and DOE agree as follows:
· Quality Assurance of IDEA, Part C Programs
DOH will:
1. ensure the scheduling, implementation, and follow-up of quality assurance activities of each Early Steps Program in collaboration with the DOE liaison and other program representatives, as appropriate
2. provide staff to participate on Early Steps desk reviews and follow-up onsite quality assurance verification visits, as appropriate.
DOE will:
1. participate in development, planning, and reporting activities related to Early Steps desk reviews and follow-up onsite visits
2. participate as a team member of Early Steps desk reviews and onsite quality assurance verification visits.
· Transition from Part C to Part B or Other Community Programs
DOH will:
1. as the Part C lead agency, provide quality assurance reviews and technical assistance to Early Steps in Florida to help ensure that transition services (a) include the development of a transition plan; (b) for children potentially eligible under Part B, include holding the transition meeting with parental consent at least 90 days and, at the discretion of the parties, up to nine months before the child’s third birthday; (c) include notification to the local education agency in which the child resides that the child will shortly reach the age of eligibility for preschool services under IDEA, Part B; and (d) are provided to families receiving Part C services according to federal IDEA and state policies collaboratively with DOE and LEAs
2. develop and distribute training and informational materials to help orient and educate families, professionals, service providers, and other community partners collaboratively with DOE and LEAs
3. provide services and resources for children with disabilities that address their future needs through collaborative planning and sharing of information with DOE and LEAs
4. help ensure that families are experiencing smooth transitions for their children leaving Part C services through oversight of family surveys.
5. make reasonable efforts to convene a conference among the local Early Steps, the family, and providers of other appropriate services for those children who are not eligible for preschool services under Part B, to discuss appropriate services the child may receive.
DOE will:
1. as the Part B lead agency, participate in quality assurance reviews and provide technical assistance to LEAs in
2. participate in the development of policies, state guidance, and technical assistance documents and conduct state and local training related to transition issues
3. assist in the implementation and development of materials to help prepare the transitioning child and family
4. assist the LEAs in facilitating, through training and information exchange the smooth transition of families from IDEA, Part C to Part B services in accordance with IDEA, to ensure (1) FAPE for a child eligible for Part B and have developed and implemented an IEP by the third birthday, (2) an invitation to the initial IEP meeting shall, at the request of the parent, be sent to the IDEA, Part C service coordinator or other Part C representative to assist with the smooth transition of services for a child previously served in IDEA, Part C, (3) the IEP team shall consider the IFSP when developing the IEP, and (4) LEA participates in the transition planning meeting arranged and designated by the lead agency as stated in 34 CFR Section 300.132.
· Assistive Technology
DOH will:
1. help ensure that families have access to appropriate assistive technology and services as stated on the individualized family support plan through training and joint quality assurance activities
2. collaborate with local school districts to ensure utilization of available assistive and instructional technology resources through ATEN and FDLRS Tech.
3. collaborate with all appropriate local private and public organizations to ensure maximum utilization of existing community resources
4. participate in the development of policies, procedures, and demonstration projects at the state and local levels with DOE to maximize collaboration and shared resources between local school districts and local Early Steps programs to ensure families have accessible, appropriate assistive technology services and equipment
5. provide education and training to local Early Steps programs to ensure that the appropriate transfer and use of assistive technology and equipment occurs during transition of a child to IDEA, Part B services.
DOE will:
1. participate in development of policies, procedures, and demonstration projects at the state and local levels with DOH to maximize collaboration and shared resources between local school districts and local Early Steps programs to ensure families have accessible, appropriate assistive technology services and equipment
2. provide education and training to local school districts to ensure that the appropriate transfer and use of assistive technology and equipment occurs during transition of a child from IDEA, Part C to Part B services.
· Child Find
DOH and DOE jointly agree that policies and procedures are in effect to ensure that
1. all children with disabilities residing in the State of Florida, including children with disabilities attending private schools, including parochial, elementary, and secondary, regardless of the severity of their disabilities, and who are in need of specially designed instruction and related services are identified, located, and evaluated
2. a practical method is developed and implemented to determine which children with disabilities are currently receiving early intervention or special education and related services
3. responsibilities for child find and evaluation procedures under IDEA, Part C are followed when the purpose is to locate, identify, and evaluate infants and toddlers with disabilities who may be eligible for early intervention services under Part C
4. responsibilities for child find and evaluation procedures under IDEA, Part B are followed when the purpose is to locate, identify, and evaluate children with disabilities who may be eligible for specially designed instruction and related services under Part B.
· Data Sharing:
DOE and DOH jointly agree that
1. the purposes of data sharing are directly related to the obligation each agency has in regard to meeting the requirements of Child Find
2. the coordination of all activities necessary to maximize information and data sharing, in accordance with applicable state and federal statutes and rules, will be for purposes of service delivery and coordination, research, program improvement, program evaluation and reporting, and public information.
To accomplish this goal, DOE and DOH will
1. collaborate in the sharing of specific student and family information to ensure timely transition for children with disabilities who are turning three within the school year
2. exchange specific personally identifiable information in connection with the requirement to meet the statutory child find responsibilities under Part C and B of the IDEA. [(Letter to Elder. 41 IDELR 270 (OSERS 2004)] (See attached data elements for sharing and producing reports.)
VI. FINANCIAL RESPONSIBILITY
Florida DOH, as the lead agency, has responsibility for assuring that funds are available and allocating funds to local Early Steps programs to pay for services to infants and toddlers from birth to age three with established conditions or developmental delays and their families, as required under IDEA, Part C, Early Steps.
Florida DOH agrees to continue services and state support for infants and toddlers from birth to age three with established conditions or developmental delays and their families as allocated on an annual basis and agree to implement the comprehensive system of early intervention services as required under IDEA, 34 CFR 303.527, in a revenue neutral manner with no reduction in services and resources to other non‑entitled infants and toddlers and their families.
Florida DOH, as lead agency, shall in collaboration with DOE and with the advice of FICCIT ensure that policies and procedures for the following infrastructure components required by IDEA, Part C are in place: central directory of information, public awareness program, individualized family support plans, transition policies and procedures, comprehensive system of personnel development, procedures to establish and ensure procedural safeguards, dispute resolution and due process procedures, and data collection and reporting.
VII. INTERAGENCY DISPUTE PROCESS
The parties to this agreement will resolve any complaints or grievances as follows. Resolution of the conflicting issues will occur at the lowest level possible.
1. The grieving agency shall provide the complaint or grievance in writing and identify the conflict; proposed action to be taken and by whom; and a summary of factual, legal and policy grounds.
2. The receiving agency shall provide a written response, which includes proposed solutions to the dispute, within forty-five (45) days of receiving the notice of the conflict.
3. Upon resolution of the conflict, a joint written statement indicating the resolution will be developed. The statement will be disseminated by a representative from each agency and be binding upon the agencies involved.
4. Should additional action be required to resolve a conflict, a report from both agencies will be submitted to the appropriate parties who signed the agreement representing their agency. Such parties shall request an administrative hearing consistent with the procedures in 120.57(1), F.S., the Administrative Procedures Act. Decisions made as a result of such hearing will be final and binding upon the agencies involved.
Until final resolution of a dispute, each of the parties to this agreement shall respect the policies and procedures of one another.
VIII. DURATION OF AGREEMENT
This agreement will begin July 1, 2006, or on the date it has been signed by both parties, whichever is later. This agreement can be cancelled by either party for any reason with a 30-day notification prior to termination date. Notice of termination of the agreement must be submitted in writing to the Chief, Early Steps Bureau, Children's Medical Services, designated contact for DOH, CMS, Early Steps, or the Chief, Bureau of Exceptional Education and Student Services, designated contact for DOE.
The Chief, Early Steps Bureau, Department of Health and the Chief, Bureau of Exceptional Education and Student Services, Department of Education are designated and given responsibility for implementing this agreement and for negotiating any changes to renew or update this agreement.
IX. CONFIDENTIALITY
Each party will protect the rights of children with disabilities from ages birth through 5 and their families with respect to records and reports created, maintained, and used by public institutions within the state. It is the intent of this agreement to ensure that parents have the rights of access, rights of challenge, and rights of privacy as provided by law with respect to such records and reports and that applicable state and federal laws for the exercise of these rights be strictly adhered to.
X. AUTHORIZING SIGNATURES
Each agency, by the signature below of its authorized representative, hereby acknowledges that he/she has read this agreement, understands it, and agrees to be bound by its terms.
Bambi Lockman, Chief
Bureau of Exceptional Education and Student Services
Florida Department of Education
__________________________Date
John Winn, Commissioner
Florida Department of Education
_________________________Date
APPROVED AS TO FORM AND
LEGALITY, OFFICE OF
DEPARTMENT OF EDUCATION
BY: ______________________
_____________________Date
IX. AUTHORIZING SIGNATURES (Continued)
Each agency, by the signature below of its authorized representative, hereby acknowledges that he/she has read this agreement, understands it, and agrees to be bound by its terms.
_____________________________
Janice Kane, Chief
Early Steps Bureau
Children’s Medical Services
Florida Department of Health
_________________________Date
____________________________
M. Rony François, M.D., M.S.P.H., Ph.D.
Secretary of Health
Florida Department of Health
_________________________Date
APPROVED AS TO FORM AND
LEGALITY, OFFICE OF
DEPARTMENT OF HEALTH
BY: _____________________
_____________________Date
The following data will be shared by the Department of Health with the Department of Education on a quarterly basis for the duration of this agreement. Once the agreement is signed, the first quarterly data set transmitted will include all Part C children served by DOH. Subsequent quarterly data sets will coincide with the DOH quarterly child count reports and include only children newly registered in Part C during that quarter. DOE will share data with DOH for each school district in regard to timely transition of children from Part C to Part B.
Data Element Part C Data Field Name
Last Name DME.CNAM
First Name DME.CNAM
Middle Initial DME.CNAM
Date of Birth DME.CHDDAT
Last Name DME.PNAM
First Name DME.PNAM
Address DME.ADDRESS
City DME.CITY
Zip Code DME.ZIPCO
Phone Number DME.PH1+DME.PH2+DME.PH3